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SEC Filings

PROTEON THERAPEUTICS INC filed this Form S-1 on 09/16/2014
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extent that the same would be payable if the Site and Building were the only property of Landlord,


(vii)                           If during the Lease Term the Tax Year is changed by applicable law to less than a full 12-month period, the Base Taxes and Base Taxes Allocable to the Premises shall each be proportionately reduced.


2.8                               Tenant Electricity


(A)                               If with respect to any calendar year falling within the Term or fraction of a calendar year falling within the Term at the beginning or end thereof, the actual cost of furnishing electricity to the Building and the Site, including common areas and facilities and space occupied by tenants, (but expressly excluding utility charges separately chargeable to tenants for additional or special services) for a full calendar year exceeds the estimated payments for tenant electricity (payable pursuant to Section 2.5 hereof), or for any such fraction of a calendar year exceeds the corresponding fraction of such estimated payments, then Tenant shall pay to Landlord, as Additional Rent, on or before the thirtieth (301h) day following receipt by Tenant of the statement referred to below in this Section 2.8, its proportionate share of the amount of such excess (i.e. the same proportion of such excess as the Rentable Floor Area of the Premises bears to the total rentable floor area of the Building from time to time under lease to tenants); provided, however, that if at any time during the Term more than 49,668 square feet of the Total Rentable Floor Area of the Building are not under lease to tenants, then for the purposes of determining Tenant’s proportionate share of and with respect to electricity under this Section 2.8 (A), the denominator shall be deemed to be 235,924 square feet irrespective of the total rentable floor area of the Building then under lease to tenants. Payments by Tenant on account of such excess shall be made monthly at the time and in the fashion herein provided for the payment of Annual Fixed Rent. If the Landlord shall reasonably determine that the cost of the electricity furnished to the Tenant at the Premises exceeds the amount being paid under Sections 2.5 and 2.8, then the Landlord may charge the Tenant for such excess and the Tenant shall promptly pay the same upon billing therefor.


Not later than ninety (90) days after the end of the first calendar year or fraction thereof ending December 31 and of each succeeding calendar year during the Term or fraction thereof at the end of the Term, Landlord shall render Tenant a reasonably detailed accounting certified by a representative of Landlord showing for the preceding calendar year, or fraction thereof, as the case may be, the costs of furnishing electricity to the Building. Said statement to be rendered to Tenant also shall show for the preceding year or fraction thereof, as the case may be, the amount already paid by Tenant on account of electricity, and the amount remaining due from, or overpaid by, Tenant for the year or other period covered by the statement.


(B)                               Upon election by either Landlord or Tenant, Landlord shall install, at the expense of the requesting party, one or more direct meters or check meters (so-called) for the Premises in locations and in a manner as determined by Landlord in order to measure Tenant’s consumption of electricity. In the event of installation of a direct meter or check